Malicious Prosecution Law Receives Dramatic Changes

Posted on by Aston Bond Law Firm

A recently announced decision made by the Privy Council has made dramatic changes to the law regarding tort of civil malicious prosecution within English law. A malicious prosecution is labeled as a legal process initiated for no probable cause other than the personal attack of an individual or to discredit that individual or an individual company. The recent decision now enables a victim of such a malicious prosecution to claim and recover financial damages caused by this libel.

The decision taken by the Privy Council now enables an individual or company to re-gain damages caused during this malicious prosecution if the original “malicious case” put against them was considered unsuccessful and seen as an attempt of defamation.

Beforehand an individual or company was limited to the damages it could reclaim financially; however, this new announcement will allow an individual or company to sue for all foreseeable financial damages that the previous “malicious prosecution” may have caused. These financial damages may include the loss of business or the unwillingness of others to employ that individual because of this recent wrongful prosecution.

For the average individual or business this means that they now have the legal right to recover all economic damages which may have been caused from a wrongly initiated prosecution within England. This is only if the original prosecution was seen as malicious by the court and was unsuccessful.

For solicitors this now allows their clients to push for a prosecution against an individual or company if their previous prosecution was seen as malicious by the court. Our solicitors can offer further information relating to malicious prosecution law.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk 

Do statutory declarations excluding the security of tenure provisions of the LTA 1954 have to be provided by all tenants?

Posted on by Aston Bond Law Firm

Assuming the tenants are not in partnership or members of any form of legal entity, the starting point is that each tenant must provide a separate declaration or statutory declaration. However, Schedule 2 to the RRO 2003 provides that such declarations can be made by someone authorised by the tenant.

It is clear that the reason for this provision is that companies can only make such declarations through an authorised person. However, what is not so clear is whether a group of individual tenants could use the same process.

At the time of writing, we are not aware of any case law on this point. However, our interpretation of the legislation, is that it should be possible. With the caveat that if a landlord is to accept a statutory declaration made by only one tenant, the landlord should be satisfied that the tenant has done so with the proper authority of all the tenants i.e. by way of an express statement from the person making the statutory declaration. 

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Employment Tribunal Fees

Posted on by Aston Bond Law Firm

As of 29 July 2013, employees wishing to bring a claim at an Employment Tribunal will have to pay Employment Tribunal fees.

The Employment Tribunal fees shall be divided into two groups:

  • Type A – for money claims i.e. redundancy and salary arrears
  • Type B – for all other claims i.e. unfair dismissal and discrimination

Claimants will have to pay the fees in two stages; initially when issuing an Employment Tribunal claim and secondly 4 – 6 weeks before the final hearing.

The Employment Tribunal fees are as follows:

  • Type A issue fee – £160
  • Type A hearing fee – £230

 

  • Type B issue fee – £250
  • Type B hearing fee – £950

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Withdrawing a resignation?

Posted on by Aston Bond Law Firm

There are no formal requirements for a resignation and there is no need for the employer to accept a resignation. Once an employee has resigned, the basic position is that unless the employer consents, an employee cannot withdraw his or her resignation.

If an employee resigns (that is resigning unambiguously) in the “heat of the moment”, then special circumstances can apply. An employer should investigate the matter and ascertain the employee’s true intention. An employer may allow the employee a cooling-off period in order to ascertain if any other matters arise to cast doubt on whether the employee really meant to resign. What is reasonable will depend upon the facts of the individual case.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Putting the “client” at the heart of our plans.

Posted on by Aston Bond Law Firm

The Co-op Legal Services made a statement in the Law Gazette “It’s a natural thing for the Co-op to put the customer at the heart of our plans. For a Solicitor it is an alien approach” Having worked in various Law Firms during my long career, I find this statement incorrect. Those who deal with “customers” normally do so in the short term, whereas solicitors deal with “clients”, being the basis of a long term caring relationship.

Vicky Graham, Conveyancer

vgraham@astonbond.co.uk

Aston Bond charity event at Queensmere Shopping Centre, Slough, on 5 July 2013

Posted on by Aston Bond Law Firm

Aston Bond are holding a charity event in support of CRY (Cardiac Risk in the Young) at Queensmere Shopping Centre, Slough, on 5 July 2013. Come and meet our very own “Bondman”. Prizes up for grabs and treats for kids. Fun to be had by all! We would be grateful if you would come along and support this worthy cause.

Our target for this charity is £1,000 and our aim is to smash through this barrier. Anything that you can donate would be appreciated and can be made quickly and simply via our fundraising page: www.virginmoneygiving.com/AstonBond.

CRY is a charity supporting young people and their families that are at risk of cardiac failure, young sudden cardiac death and sudden death syndrome. These are real issues being faced by young people and their families every day in Britain. Experts believe that 12 young people die every week in the UK of undiagnosed heart conditions.

CRY is there to support those families and to help diagnose, treat and research these conditions.

Please help us to support this worthy cause.

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